Is paidupcapital and Paidupequitycapital interchangeable?

Others 876 views 12 replies

hi

i say that paid up capital and paid up equity capital are not one and the same

because paid up capital includes paid up preference shares also .... is my arguement correct?

moreover, authorised capital as mentioned in MoA includes preference share capital also.... it means that lets say XYZ co authorised capital is 10crores and it has already Rs.9crores and paid up and now it wants to issue Rs.2crore worth preference shares, then i do say that first that company has to increase its authorised capital to 11 crore or above and then only it can issue that 2 crore worth preference shares.... is this correct?

and also please let me know whether any other in addition to equity and preference capital, that comes into within the ambit of authorised capital as mentioned in the MoA of the company

please correct me if iam wrong?

i request the learned members to  respond

regards

sameera

Replies (12)

your first observation is correct. paid up capital includes eq as well as pref. sh cap.......

 

and in my view for the second one there is no need to first increase the authorised cap to issue 1 cr pref. shares...... as authorised capital as mentioned in MoA includes preference share capital also.

 

 other expert comments yet to come ........

agree with Simranjeet singh as authorised capital is 10 crores and paid up is 9 crores it can issue 1 cr without increasing its authorised capital

 

paid up capital includes both equity and preference and nothing else

Originally posted by : simranjeet singh

your first observation is correct. paid up capital includes eq as well as pref. sh cap.......

 

and in my view for the second one there is no need to first increase the authorised cap to issue 1 cr pref. shares...... as authorised capital as mentioned in MoA includes preference share capital also.

 

 other expert comments yet to come ........

thank you all

correction in my previous query...it wants to issue 2cr woth pref shares

Authorised share capital includes equity and pref share and you wil have to change  the authorised share capital clause in MOA enhancing the limit from 10 to 11 cr.

 

If you want to issue 2 crores preference shares then you have to increase the authorised share capital first from 10 crores to 11 crores.

Authorised capital has bifurcation of how many equity and pref. share will be there.

If xyz ltd wants to issue pref. share of worth rs. 2 Cr. than this will exceed the authorised capital (9+2=11) therefore first increase authorised capital than make issue of pref. shares.

sir

 

here i have one doubt

 

at the time of incorporation of companies ( or at any time thereafter from time to time to increase such authorised capital),  we need to specify the autorised capital in MoA, so in such a case do we need give the segregation of that into equity and pref share capital or is it enough just to mention the total amount.

 

thank you

sonia

 

 

Yes, you have to provide in the MOA that what will be the structure of the authorised capital.............

In the MOA it is sufficient to mention the Authorised Capital and no need to show the bifurcation.

Dear Jayashree

Upto best of my knowledge, division of authorised capital into equity and preference is required. If we refer, Table B, it is required to mention the number of shares with its face value. In case, equity share is of Rs 10/- and preferece share is of Rs 100/-, How Table B can be complied??

Please suggest.

Regards- Sudhir

Dear Sudhir,

Incorporation is the first step to give birth to a company. At that time generally the capital structure of the company would not be known.  So it's common in most cases to get the company incorporated with a specific authorised share capital. Later on as and when the company decides to issue equity or preference shares within this authorised capital, it can be done by way of Board Resolution. In MOA we generally mention " The Authorised share capital of the Company is Rs.5,00,000/- divided into 50,000 shares of Rs.10/- each".  We don't mention whether it's a preference or equity share.

However if the face value of equity and preference are fixed at different  rates, then we will have to amend MOA as and when the decision is taken.

It's better to avoid the bifurcation to be shown in MOA as any change would then necessitate shareholders approval.

In my opinion, MOA should show the bifurcation of Authorised Capital into Equity and Preference Share Capital. It should be clearly mentioned that the Authorised Share Capital of the Company is Rs.>>>>>>>> divided into ......... Equity shares of Rs.10/- each and .............Preference shares of Rs.....each.

Without the bifurcation, how can u determine wat is the Auhorised Equity Share Capital and Authorised Preference Share Capital????/Experts please clarify......

Regards

CS Udit Sharma 


CCI Pro

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